A default judgment (.pdf) was recently entered for Eros, LLC of Lutz, Florida against defendant Robert Leatherwood of North Richland Hills, Texas, by the United States District Court for the Middle District of Florida.
Eros originally brought the suit against a fictitious defendant (also known as a “John Doe” defendant) who was identified in the complaint only as Second Life avatar “Volkov Catteneo.” Eros claimed the user controlling the Catteneo account had made and offered for sale unauthorized copies of Eros’ popular adult avatar animation products.
Eros named Leatherwood as its “John Doe” defendant in this case after subpoenas to Second Life provider Linden Lab, PayPal, AT&T, and Charter Communications led to computers in two locations allegedly used by Leatherwood.
Leatherwood, who originally protested his affiliation with the Catteneo account in a Tampa Tribune article, did not answer or otherwise respond to the copyright and trademark infringement complaint in the 20 days alloted by the Federal Rules of Civil Procedure (FRCP 12). The default judgment was entered against him pursuant to FRCP 55. Reuters reported that Eros would seek default judgment earlier this month, shortly before default was entered.
A default judgment operates largely the same as a judgment on the merits, allowing Eros to seek damages, fees, and injunctive relief, and to use the judicial system to pursue Leatherwood’s assets to satisfy an award.
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